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Aurora Loan Services, LLC v. Veatch
288 Ga. 808
| Ga. | 2011
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Background

  • Elsie Veatch died in 1974; her sole heir was Raymond Wesley Veatch, Jr.
  • After Veatch Jr.'s death, two forged deeds purported to convey title to Antonio Simpson were recorded in Fulton County (Quitclaim Deed May 19, 2006; Execut executors Deed March 15, 2006).
  • A warranty deed from Simpson to Darryl Matthews was recorded November 8, 2006, followed by Matthews' security deed to First Magnus Financial Corporation, later assigned to Aurora.
  • On September 5, 2007 Veatch, as administrator of the Veatch Jr. estate, filed an affidavit stating the executors and quitclaim deeds were false and petitioned to quiet title.
  • A Special Master found Aurora was a bona fide purchaser for value; the trial court held forged deeds are nullities and cannot convey title; the court vested title in Veatch, unencumbered by Aurora's security deed.
  • The Supreme Court affirmed, holding forged deeds are nullities and cannot convey title, overruling prior doctrine that allowed title through a forged deed to vest in subsequent grantees.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether forged deeds convey title to any grantee Aurora argues bona fide purchaser rights apply Veatch argues forged deeds are nullities and convey no title Forged deeds are nullities; confer no title
Whether Veatch's title is unencumbered by Aurora's security deed Aurora contends it has a valid security interest Veatch asserts title should vest free of the forged-deed chain Title vested in Veatch, unencumbered by Aurora's security deed

Key Cases Cited

  • Brock v. Yale Mortgage Corp., 287 Ga. 849 (2010) (a forged deed is a nullity; cannot convey title; overruled earlier doctrine)
  • Roop Grocery Co. v. Gentry, 195 Ga. 736 (1943) (forgery defeats conveyed title; no good title to convey)
  • Second Refuge Church, etc. v. Lollar, 282 Ga. 721 (2007) (holds that forged deeds leave no title to transfer)
Read the full case

Case Details

Case Name: Aurora Loan Services, LLC v. Veatch
Court Name: Supreme Court of Georgia
Date Published: Mar 18, 2011
Citation: 288 Ga. 808
Docket Number: S10A1725
Court Abbreviation: Ga.